Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88289039 DIGITALOCEAN(Standard Characters, see http://uspto.report/TM/88289039/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software; computer software for use in developing, launching and scaling applications; applications for mobile computing devices; downloadable white papers and other documents; videocasts and podcasts; educational and instructional videos; solid state devices; computer memories; hard disc drives; flash drives; data storage devices
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2011 and first used in commerce at least as early as 10/10/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software; Computer software for creating, hosting, managing, developing, analyzing, supporting, processing, and maintaining products, applications, other software, services, and websites to be used and distributed on the internet; computer software for use in developing, launching and scaling applications; applications for mobile computing devices; applications for mobile computing devices, namely, software for creating, hosting, managing, developing, analyzing, supporting, processing, and maintaining such applications and devices and supporting computing systems thereof; downloadable white papers and other documents; downloadable white papers and other documents, namely, technical, instructive, educational, and support documents concerning software, communications, and computing services; videocasts and podcasts; Downloadable videocasts and podcasts, namely, technical, instructive, educational, and support video and audio concerning software, communications, and computing services; educational and instructional videos; Downloadable educational and instructional videos, namely, technical, instructive, educational, and support videos concerning software, communications, and computing services; solid state devices; Data storage devices, namely, hard drives, solid state devices, memory devices, USB flash drives, and similar computing devices for storing data; computer memories; hard disc drives; flash drives; data storage devicesClass 009 for Computer software for creating, hosting, managing, developing, analyzing, supporting, processing, and maintaining products, applications, other software, services, and websites to be used and distributed on the internet; computer software for use in developing, launching and scaling applications; applications for mobile computing devices, namely, software for creating, hosting, managing, developing, analyzing, supporting, processing, and maintaining such applications and devices and supporting computing systems thereof; downloadable white papers and other documents, namely, technical, instructive, educational, and support documents concerning software, communications, and computing services; Downloadable videocasts and podcasts, namely, technical, instructive, educational, and support video and audio concerning software, communications, and computing services; Downloadable educational and instructional videos, namely, technical, instructive, educational, and support videos concerning software, communications, and computing services; Data storage devices, namely, hard drives, solid state devices, memory devices, USB flash drives, and similar computing devices for storing data
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2011 and first used in commerce at least as early as 10/10/2011 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Communications services; cloud communications services; sending and receiving data to and from cloud repositories; provision of access to a solid state device cloud server for launching and scaling applications; providing multiple user access to global computer networks for data storage services; providing customer access to the communications networks of others; providing network and managed communication services; consultation in the field of communication services; streaming of data via a global computer network; podcasting and webcasting services; electronic transmission of files via a global computer network; electronic transfer and downloading of audio and video recordings; delivery, reception and transmission of messages, documents, images and other data by electronic transmission; electronic-mail services; provision of connectivity services and access to electronic communications networks; data and electronic media transmission services via on-line global and local computer networks; provision of access to an internet website and storage facilities for recording, storing, collecting, uploading, viewing, editing, sharing, organizing, browsing, and searching data, files and applications; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users; providing email and instant messaging services; provision of access to web pages for the downloading of computer files and other data; provision of information, advice and assistance relating to all the aforementioned services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2011 and first used in commerce at least as early as 10/10/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Communications services; Communications services, namely, facilitating the transmission and receipt of data to and from cloud and internet based computing devices and virtual servers; cloud communications services; Cloud computing featuring software for sending and receiving data to and from cloud repositories; sending and receiving data to and from cloud repositories; Provision of access to computer application software and computer data from a solid state device or similar cloud server for launching and scaling applications; provision of access to a solid state device cloud server for launching and scaling applications; providing multiple user access to global computer networks for data storage services; providing customer access to the communications networks of others; providing network and managed communication services, namely, transmission and receipt of voice, audio, visual images and other data by communication networks; providing network and managed communication services; consultation in the field of communication services; streaming of data via a global computer network; podcasting and webcasting services; electronic transmission of files via a global computer network; electronic transfer and downloading of audio and video recordings; delivery, reception and transmission of messages, documents, images and other data by electronic transmission; Electronic transmission of e-mail; electronic-mail services; provision of connectivity services, namely, providing connectivity to transmit and receive voice, audio, visual images and other data by communication networks and providing access to electronic communications networks; provision of connectivity services and access to electronic communications networks; data and electronic media transmission services via on-line global and local computer networks; provision of access to an internet website and storage facilities for recording, storing, collecting, uploading, viewing, editing, sharing, organizing, browsing, and searching data, files and applications; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users; Electronic transmission of e-mail and instant messaging services; providing email and instant messaging services; provision of access to web pages for the downloading of computer files and other data; provision of information, advice and assistance relating to all the aforementioned servicesClass 038 for Communications services, namely, facilitating the transmission and receipt of data to and from cloud and internet based computing devices and virtual servers; Cloud computing featuring software for sending and receiving data to and from cloud repositories; Provision of access to computer application software and computer data from a solid state device or similar cloud server for launching and scaling applications; providing multiple user access to global computer networks for data storage services; providing customer access to the communications networks of others; providing network and managed communication services, namely, transmission and receipt of voice, audio, visual images and other data by communication networks; consultation in the field of communication services; streaming of data via a global computer network; podcasting and webcasting services; electronic transmission of files via a global computer network; electronic transfer and downloading of audio and video recordings; delivery, reception and transmission of messages, documents, images and other data by electronic transmission; Electronic transmission of e-mail; provision of connectivity services, namely, providing connectivity to transmit and receive voice, audio, visual images and other data by communication networks and providing access to electronic communications networks; data and electronic media transmission services via on-line global and local computer networks; provision of access to an internet website and storage facilities for recording, storing, collecting, uploading, viewing, editing, sharing, organizing, browsing, and searching data, files and applications; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users; Electronic transmission of e-mail and instant messaging services; provision of access to web pages for the downloading of computer files and other data; provision of information, advice and assistance relating to all the aforementioned services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2011 and first used in commerce at least as early as 10/10/2011 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, cloud hosting provider services; provision of a computer platform for launching and scaling applications; provision of solid state device cloud servers for launching and scaling applications; application service provider services; providing temporary use of non-downloadable software; computer consultation; consulting in the field of information technology; computer consultation in the field of cloud computing; computer software installation services; computer programming; computer software design for others; technical consultation in the field of computer software installation and maintenance; consulting services in the field of design, selection, implementation and use of computer hardware and software systems; development, updating and maintenance of software for cloud computing; electronic and online storage of data, files and other digital content; hosting of digital content on the internet; provision of information, and advisory and consultancy services, all relating to the aforesaid including such services provided on-line or via the Internet
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2011 and first used in commerce at least as early as 10/10/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer services, namely, cloud hosting provider services; provision of a computer platform for launching and scaling applications; Platform as a service (PAAS), featuring computer software platforms for launching and scaling applications; provision of solid state device cloud servers for launching and scaling applications; Application service provider, namely, creating, hosting, managing, developing, analyzing, supporting, processing, and maintaining products, applications, other software, services, and websites to be used and distributed on the internet; application service provider services; Providing temporary use of online non-downloadable software that supports or complements aforementioned computer services, platform as a service, and application service provider services; providing temporary use of non-downloadable software; Computer technology consulting; computer consultation; consulting in the field of information technology; Computer technology consultation in the field of cloud computing; computer consultation in the field of cloud computing; computer software installation services; computer programming; computer software design for others; technical consultation in the field of computer software installation and maintenance; consulting services in the field of design, selection, implementation and use of computer hardware and software systems; development, updating and maintenance of software for cloud computing; Providing temporary use of online non-downloadable cloud computing software for electronic and online storage of data, files and other digital content; electronic and online storage of data, files and other digital content; hosting of digital content on the internet; provision of information, and advisory and consultancy services, all relating to the aforesaid including such services provided on-line or via the InternetClass 042 for Computer services, namely, cloud hosting provider services; Platform as a service (PAAS), featuring computer software platforms for launching and scaling applications; Application service provider, namely, creating, hosting, managing, developing, analyzing, supporting, processing, and maintaining products, applications, other software, services, and websites to be used and distributed on the internet; Providing temporary use of online non-downloadable software that supports or complements aforementioned computer services, platform as a service, and application service provider services; Computer technology consulting; consulting in the field of information technology; Computer technology consultation in the field of cloud computing; computer software installation services; computer programming; computer software design for others; technical consultation in the field of computer software installation and maintenance; consulting services in the field of design, selection, implementation and use of computer hardware and software systems; development, updating and maintenance of software for cloud computing; Providing temporary use of online non-downloadable cloud computing software for electronic and online storage of data, files and other digital content; hosting of digital content on the internet; provision of information, and advisory and consultancy services, all relating to the aforesaid including such services provided on-line or via the Internet
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/10/2011 and first used in commerce at least as early as 10/10/2011 , and is now in use in such commerce.
The applicant's current attorney information: Jeffrey C. Katz. Jeffrey C. Katz of DAVIS & GILBERT LLP, is located at

      1740 BROADWAY
      NEW YORK, New York 10019
      US
The docket/reference number is 305560001000.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

The applicants proposed attorney information: Jeffrey C. Katz. Other appointed attorneys are all of the other attorneys of Davis & Gilbert LLP. Jeffrey C. Katz of DAVIS & GILBERT LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1740 Broadway
      New York, New York 10019
      United States
The docket/reference number is 305560001000.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

Jeffrey C. Katz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JEFFREY C. KATZ. JEFFREY C. KATZ of DAVIS & GILBERT LLP, is located at

      1740 BROADWAY
      NEW YORK, New York 10019
      US
The docket/reference number is 305560001000.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

The applicants proposed correspondence information: Jeffrey C. Katz. Jeffrey C. Katz of DAVIS & GILBERT LLP, is located at

      1740 Broadway
      New York, New York 10019
      United States
The docket/reference number is 305560001000.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

SIGNATURE(S)
Response Signature
Signature: /Jeffrey C. Katz/     Date: 09/11/2019
Signatory's Name: Jeffrey C. Katz
Signatory's Position: Attorney of Record, New York State Bar Member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    JEFFREY C. KATZ
   DAVIS & GILBERT LLP
   
   1740 BROADWAY
   NEW YORK, New York 10019
Mailing Address:    Jeffrey C. Katz
   DAVIS & GILBERT LLP
   1740 Broadway
   New York, New York 10019
        
Serial Number: 88289039
Internet Transmission Date: Wed Sep 11 09:20:03 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20190911092003846
459-88289039-6104b1c152c5f112f46e19cc5cf
038acf3c6de488bbc41e282362737b679f53-N/A
-N/A-20190911091906166162